Code of Alabama

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45-1-82.03
Section 45-1-82.03 Standards for admission. (a) Admittance to the pretrial diversion program
shall be appropriate in any of the following instances: (1) The offender is 18 years of age
or older, or 16 years of age or older if the offense is a traffic citation, at the time the
alleged offense was committed. (2) There is a probability justice will be served if the offender
is placed in the diversion program. (3) It is determined the needs of the state and of the
offender can be met through the pretrial diversion program. (4) The offender appears to pose
no threat to the safety and well-being of the community. (5) It appears the offender is not
likely to be involved in further criminal activity. (6) The offender will likely respond to
rehabilitative treatment. (7) The offender has never been granted pretrial diversion or participated
in any similar program in any court in any state. (8) The offender has no prior misdemeanor
or felony convictions. (b) The district attorney may waive any of...
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45-1-82.14
Section 45-1-82.14 Advisory board. The district attorney may form an advisory board to assist
in the determination of appropriate pretrial diversion candidates and conditions for participation
in the program. The district attorney shall retain the final decision as to the admittance
of individuals or administration of the program regardless of the board's views. It shall
be the district attorney's decision who and how many persons will comprise the board and when
or if it should meet. (Act 2006-89, p. 110, §15.)...
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45-12-82.03
Section 45-12-82.03 Standards for admission. (a) Admittance to the pretrial diversion program
shall be appropriate in any of the following instances: (1) The offender is 18 years of age
or older, or 16 years of age or older if the offense is a traffic citation, at the time the
alleged offense was committed. (2) There is a probability justice will be served if the offender
is placed in the pretrial diversion program. (3) It is determined the needs of the state and
of the offender can be met through the pretrial diversion program. (4) The offender appears
to pose no threat to the safety and well-being of the community. (5) It appears the offender
is not likely to be involved in further criminal activity. (6) The offender will likely respond
to rehabilitative treatment. (7) The offender has never been granted pretrial diversion or
participated in any similar program in any court in any state. (8) The offender has no prior
misdemeanor or felony convictions. (b) The district attorney may...
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45-12-82.14
Section 45-12-82.14 Advisory board. The district attorney may form an advisory board to assist
in the determination of appropriate pretrial diversion candidates and conditions for participation
in the program. The district attorney shall retain the final decision as to the admittance
of individuals or administration of the program regardless of the board's views. It shall
be the district attorney's decision who and how many persons will comprise the board and when
or if it should meet. (Act 2006-595, p. 1625, §15.)...
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45-16-82.34
Section 45-16-82.34 Advisory board. The district attorney may form an advisory board to assist
in the determination of appropriate pretrial diversion candidates. The district attorney shall
retain the final decision as to the admittance of individuals or administration of the program
regardless of the board's views. It shall be the district attorney's decision who and how
many persons will comprise the board and when or if it should meet. (Act 2005-145, p. 249,
§15.)...
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45-17-81.24
Section 45-17-81.24 Advisory board. The district attorney may form an advisory board to assist
in the determination of appropriate pretrial diversion candidates. The district attorney shall
retain the final decision as to the admittance of individuals or administration of the program
regardless of the board's views. It shall be the district attorney's decision as to who will
comprise the board and when or if it should meet. (Act 2007-332, p. 588, §15.)...
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45-18-81.34
Section 45-18-81.34 Advisory board. The district attorney may form an advisory board to assist
in the determination of appropriate pretrial diversion candidates. The district attorney shall
retain the final decision as to the admittance of individuals or administration of the program
regardless of the board's views. It shall be the district attorney's decision who will comprise
the board and when or if it should meet. (Act 2004-478, p. 884, §15.)...
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45-23-82.14
Section 45-23-82.14 Advisory board. The district attorney may form an advisory board to assist
in the determination of appropriate pretrial diversion candidates. The district attorney shall
retain the final decision as to admittance of individuals or administration of the program
regardless of the board's views. It shall be the district attorney's decision who will comprise
the board and when or if it should meet. (Act 2005-130, p. 215, §15.)...
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45-27-82.21
Section 45-27-82.21 Applicants for admittance. (a) A person charged with a criminal offense
specified in this subsection whose jurisdiction is in the circuit or district court of the
Twenty-first Judicial Circuit of Alabama may apply to the District Attorney of the Twenty-first
Judicial Circuit for admittance to the pretrial diversion program. A person charged with any
of the following may apply for the program: (1) Drug offenses as provided in Section 12-23-5.
(2) Property offenses. (3) Offenses wherein the victim did not receive serious physical injury.
(4) Offenses in which the victim was not a child under 14 years of age, a law enforcement
officer, a school official, or a correctional officer. (5) All misdemeanors other than traffic
or conservation offenses. (b) No persons charged with a Class A felony or a crime that involved
serious injury to a person or death shall be eligible for pretrial diversion. (c) Any person
deemed by the district attorney to be a threat to the safety or...
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45-28-82.34
Section 45-28-82.34 Advisory board. The district attorney may form an advisory board within
the county or judicial circuit named the Citizens Advisory Board for Pretrial Diversion to
assist the district attorney in the determination of appropriate pretrial diversion candidates.
The district attorney shall retain the final decision as to the admittance or denial of individuals
into the pretrial diversion program. The district attorney shall appoint all members of any
advisory board and shall determine when or if it should meet. The advisory board shall serve
without personal profit, but may be paid from the District Attorney's Solicitors Fund for
actual expenses incurred in connection with its duties. (Act 2011-606, p. 1342, §15.)...

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